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Asked and Answered

Brown Act

Public Official Event Attendance and Public Notice

[…] notified of the meeting or the proposed action. I attended the meeting after receiving an email from a personal friend who over heard a conversation between the City Councilman's wife and the wife of the Mayor. I believe this is at the very least an ethical breach if not a violation of the Brown Act.

June 14, 2009
Asked and Answered

Brown Act First Amendment

Public Comment at meetings, Campaigning, and Freedom of Speech

It sounds like you are familiar with Section 54954.3 of the California Government Code (reproduced below), which provides that bodies subject to the Brown Act shall provide an opportunity for members of the public to address the body on items of interest to the public that are within the subject matter jurisdiction of the […]

June 14, 2009
Asked and Answered

Brown Act

The city decided in closed session to let Wal Mart pick up legal tab for lawsuit

[…] the litigation and tally the vote in secret, I do NOT understand why they didn't properly agendize for open session the clear side-issue of allowing Wal-Mart to actually pay for the city's defense. I believe this secret payment agreement should have been discussed and voted upon in open session so that the public could […]

August 20, 2012
Asked and Answered

CPRA FOIA

Hospital Records

[…] me too early to identify the infection. I have been advised to contact the Risk Manager at the hospital and discuss with them under the California Information Action, to obtain records of others that have contracted this infection at the hospital just prior and after I was admitted and discharged. Are my rights enforceable under […]

June 14, 2009
Asked and Answered

Brown Act

Closed City Council Meetings Outside Regular Meeting

[…] boy network that exist in this City. Seems only fair that the taxpayers would be allowed the same opportunity, but are not! The taxpayers are required to follow the strict guidelines for public participation at the council meeting, and their time to comment is controlled. Do these meeting violate the Brown Act open meeting requirements?

June 14, 2009
Asked and Answered

Brown Act

Closed sessions under the Brown Act

If the board of the public charter school is a "legislative body" under the Brown Act, it is subject to the Brown Act and can discuss only certain topics during closed session. Whether or not the Brown Act is violated by closed meetings depends upon whether the subject matter was one properly discussed in […]

June 14, 2009
Posts

FAC Opposes Legislation that Would Weaken Public Oversight of Government Officials in California

It’s about accountability We are writing to alert you to legislation pending in California that would take the wrong lesson from the pandemic and weaken open- government laws under the guise of increasing remote access to meetings. The most problematic provisions undermine the democratic values of open government and oversight of our public institutions […]
May 13, 2022
Asked and Answered

Brown Act

Does City Council’s Rule Against Holding Up Signs At Meetings Violate the First Amendment?

[…] a Brown Act meeting to be a "limited public forum."See Baca v. Moreno Valley Unified Sch. Dist., 936 F. Supp. 719, 729 (C.D. Cal. 1996). In general, governments may impose reasonable "time, place, and manner" regulations on speech in limited public forums, but restrictions must be"content neutral."Perry Educ. Ass'n v. Perry Local Educators’ Ass’n, […]

January 20, 2021
Asked and Answered

Brown Act

I ask for transparency; they ask me to resign

I have concerns that my school District has violated the Brown Act. When the school board made our interim Superintendent a permanent Superintendent without any public input because it wasn't properly agendized. I am also concerned that a committee I serve on has been deemed a closed door confidential meeting per the Brown Act. […]

January 11, 2012
Asked and Answered

Brown Act

Can Police Chief sit on dais at a Police Commission meeting

The Brown Act serves to facilitate public participation in all phases of local government decision-making, and to curb misuse of the democratic process by secret legislation of public bodies. Bell v. Vista Unified School Dist., 82 Cal. App. 4th 672 (2000). The Brown Act is invoked if a "legislative body" is involved, and if a majority of […]

January 12, 2016